Ethics Case Studies

Answer: The given case study represents the issue of lay off in startups, which is often done eyeing just profits and not the human factors associated with such actions. Such decisions should be taken with some underlying ethics into consideration.
(a) Various stakeholders involved in this case are

• Investors: They want good returns for their investment.
• Company management: They have to balance the interests of both investors as well as the company and its employees.
• Company employees and their family: Their well-being rests upon security of their livelihood.

Ethical issues involved are as follows:

• Employees are being penalized for the management’s past decisions related to bad acquisitions.
• While lower profits (maybe short-term losses) will hurt shareholders, the cost of job-loss will be suffered by employees and their families.
• Current workers and laid off employees may risk suffering from occupational, psychological and other health issues.
• Humans are seen as a mere means rather than an end, thus violating Deontological ethics.
• The profit-oriented share holding in the present world reflects upon the increased consumerism in the society.
• Increased competition for survival reduces the cohesiveness among fellow beings and brings out the worst character of a person. Thus, it alienates an individual not only from his peers but also from himself, as stated by Marx.
• The situation also highlights how ultimate power is being wielded by the wealthy entrepreneurs, while employees who enslave all their lives for the betterment of the company, are left at the mercy of the powerful.

(b) The evaluation of each of the available option is:
(i) identifying key high performers and offering them other positions before implementing a blanket cut based on salaries drawn. Merits

• The talent will be retained in the company.
• It will increase loyalty of high performers.

Demerits

• More employees may need to be fired in order to cut the same expenditure.
• Demoralizing effect on high performers on changing the role and position.
• Feeling of anger, vulnerability and rejection among average performers.

(ii) Putting the terminated employees on retainer to work part-time. Merits

• Balance between organizational needs and individual needs.
• Breathing space to employees while he/she searches for a new job.

Demerits

• Lack of pay, health benefits, and meaningful work has negative implications for financial, physical, and even psychological aspects of employees.
• Wastage of talent sitting idle for most part of the working day.
• It is difficult enough to get a job even without the stigma of being laid off.

(iii) Executing the lay off order in the same spirit as it was asked by the management and letting the management deal with the long-term consequences. Merits

• Following the hierarchical order in letter and spirit, hence respecting procedural protocols.
• Even if it will attract negative repercussions for the company, the management will have a learning experience for the future.

Demerits

• Existing employees might be in a bind when knowledgeable and skilled workers are laid off. Consequently, customer service may suffer.
• Laying off skilled workers may slow down work and damage the quality of output within the company.
• Deteriorate work-culture in the company as employees perceive themselves as commodity that can be easily replaced and just being a number to the company.

(iv) Increasing the perception of fairness among the existing and terminated employees and moving ahead with the layoffs. Merits

• This would ensure the reputation of the company in terms of its personnel policy.
• This follows the order and at the same time makes employees understand the necessity of such a step.

Demerits

• Even if perception is improved, no employee totally relaxes; they are waiting for the next round of downsizing or cost-cutting layoffs, which may include them.
• It still involves high human suffering among a significant percentage of company’s employees.
• The workers that are not let go may suffer from “survivor’s remorse” which can severely damage their work ethic and overall company commitment.

(c) To improve the position of company, following course of action would be taken:

• Find alternatives to improve finances of the company following the steps below in the same order:
  • Getting rid of disengaged workers that cannot “pull their own weight” (“dead wood”) and simply increase workload for other employees.
  • Cutting costs by reducing employee benefits and liability for some time.
  • Across the board cuts of the same percentage barring people with very high salaries who can afford more cuts as well as very low salaries who should be exempted.
• If these steps help improve to significant extent, then firing would not be undertaken else:
  • High performers will be retained in different positions before firing order is executed based on numbers.
  • Firing will be done at higher positions first, as this would cut more costs and a lesser number of employees.
  • A certain number of workers will be given an option to either opt for a part-time or leave completely.
  • Then terminated and existing employees will be given psychological counseling and discussion sessions to make sure the perception about such an order remains positive.
  • Further, supplemental unemployment benefits from the company would be provided to terminated employees for a limited period.

These steps ensure that the company has taken an ethical approach to layoffs but at the same time can pursue hard decisions if needed. It would not also send a negative message to the new talent looking to enter the company in future.

Answer: The above case study represents the classic case of means (unethical) vs ends (winning) ethical dilemma. Use of performance enhancing drugs makes a mockery of a competition as well as the international reputation of India is at stake.   (a) In such a scenario, it would be my moral obligation to follow the spirit of the game and stick to the ethical value system imbibed in me. Options available in such a scenario are:
Option-1: Warn the athletes/coach against using such drugs in the future. Merits:

• Give a choice to the fellow athletes to refrain from taking drugs in future.
• Resolution of the issue at the team-level.

Demerits:

• Warning may not be taken seriously.
• Coach may punish me on disciplinary grounds to silence silen me.
• Doping may get detected if they participate in the competition.
• Unfair competition.

Option-2: Complaint directly to the higher authorities accompanying the contingent Merits:

• Fair competition as it would prevent those candidates from entering into the competition.
• Establish your credential as a fair player.

Demerits:

• No chance for the athletes/coach to explain their actions.
• It would come into the media, which will impact the image of the nation and sports fraternity as a whole.
• Higher officials may also be involved along with the coach.

Option-3: Complaint after the competition is over Merits:

• Performance of the team will not be affected in the competition.
• Provides ample time for assessment of my options.

Demerits:

• Athletes/coaches may deny the wrongdoings.
• Non-resolution of my fear and conscience crisis during the competition.
• Doping may get detected, which will tarnish India’s image globally.

My final course of action would be guided by my belief in Gandhian ethics i.e., “Be the change you wish to see in the world”.

• Firstly, I’d try to clear a few doubts by obtaining first-hand information i.e., whether the drug being used is banned or not as well as affirming the role of the coach and other members in it.
• Then, I would try to persuade the fellow athletes to stop the drug’s use, as it is illegal and goes against sports ethics. I would try to convince them that it can be detrimental to both their career as well as the country’s image.
• In case they disagree, I would reach out to the coach and warn him of possible complaints against the ongoing malpractices.
• If the coach ignores my warning, I would be left with no choice but to write a written complaint mentioning the use of illegal drugs to Team Managers & Sports Authority of India officials accompanying the contingent, National Anti-Doping Agency (NADA) and also to the Ministry of Youth Affairs and Sports.

(b) Reasons for common use of unfair means in sports:

• Individual factors: Desire for winning, improvement, pain management, recovery, career longevity and economic gains. Also, cut throat competition sometimes motivates a player to resort to such unethical activities.
• Legal factors: Weak implementation of anti-doping laws/rules by domestic sports bodies and lack of awareness about the rules.
• Systemic factors: Historical prevalence of doping in sports, weak anti-doping infrastructure, inadequate sport governance systems, organized systematic doping in some countries, biased role of coach etc.

Steps to minimize this practice:

• Preventive steps:
  • Spread awareness regarding side effects and related punishments for doping violations, especially at the grassroots level.
  • Simplify rules, laws and list of prohibited substances.
  • Improve drug testing technology and increased reliance on investigation.
• Punitive steps:
  • Strict enforcement of anti-doping laws at domestic levels. E.g. strict testing policy with random but frequent tests of athletes.
  • Ban countries accused of covering up anti-doping violations. Also, banishment of coaches involved in it.
• Promotive steps:
  • Advocating best practices and encouraging countries to adopt them.
  • Factor in ethical conduct and doping rankings in funding mechanisms.
• Other steps:
  • Therapeutic Use Exemption (TEU) certificate to protect those athletes who have a genuine medical condition with no alternative drugs/treatment.
  • Universalize the application of athletes’ ‘biological passporť.

To enjoy the fruits of success, it is not enough to win. Triumph must be measured by absolute fair means, honesty and just play. Without fairness and trustworthiness, the established order of our society is at risk.

Answer: The given case study presents similarities to the ongoing crises in the wake of recent issues like political violence, terrorism, ethnic conflicts across countries that causes large scale displacement of people. It was witnessed during Syrian refugees’ exodus to Europe, Rohingya refugee crisis and the recent Afghan refugee crisis. The Global South had to bear the major part of the refugee burden, while the West shrugged off its moral and ethical responsibilities.
(a) In the present case, an influx of refugees is natural. However, there are issues with respect to legality of the same in addition to various moral issues that can be delineated as under: Moral Issues:

• Conflict between national interest and universal humanism: International norms and humanitarian impulse suggest that a country should accept refugees. On the other hand, national interests like security threats, demographic challenges of rehabilitation and resource competition raises key concerns for a country.
• Denial of human rights: Human dignity not being respected by the state even if they are a party to the UN conventions and customary laws as well as refusal to accommodate refugees points towards a global failure of states and the UN agencies to protect those facing potential threats of prosecution.
• Compassion: Forced displacement should not only be viewed only through an economic perspective but from the perspective of humanity.

In addition to the aforementioned moral issues, the present case also presents an unfortunate denial of commitments offered under the international law, in particular relating to humanitarian laws, human rights, genocides, crimes against humanity and war crimes. The UNHRC also identifies rights and guarantees relevant to the protection of persons from forced displacement and to their protection and assistance during displacement.
(b) As a Senior Official entrusted with the mandate to design a national policy to safely accommodate India bound refugees, I would categorize my policy recommendations in the light of their short-term and long-term impact and suggest the following policy recommendations: 1. Short-term measures:

• Temporary refuge: As part of the ongoing crises, I would recommend discussion with adjoining nations and call for efforts to be made to provide for their temporary settlement in adjoining countries. I would recommend countries bearing greater burden of refugees to come together as a regional bloc and influence affluent countries to contribute generously. This way, it would also be easy to repatriate refugees once the conditions normalize.
• Nodal Offices: Since there are issues related to the legality of routes adopted by inbound refugees, many would be under immense duress, I would recommend setting up an integrated asylum agency with nodal offices across neighboring regions to facilitate verification, and resettlement of the refugees in their nearest safe spots. The current system of fragmented border agencies is not only inefficient, expensive and cruel but also non- accountable and works only to pass the responsibility.
• Civil Society: NGOs and private sector could be roped in for humanitarian assistance for ensuring the basic needs like food, water, sanitation etc.

2. Long term measures: I would recommend setting up institutional mechanisms in cooperation with the international agencies to offer greater protection and assistance to people in their own countries so that they do not have to flee in the first place.

• Moral and diplomatic persuasion to stop persecution and promote reconciliation among stakeholders in various countries to avoid migration of people.
• Policy measures at global level: I would recommend stepping up diplomatic efforts to instill a multilateral asylum policy to facilitate equitable sharing of the burden of refugees.
• Policy measures at domestic level: Since there is an absence of a national refugee policy, I would recommend officials to give some serious thought to drafting its own refugee policy based on universal principles of dignity, fraternity and safety.
• Proper Data collection: The lack of reliable data in terms of the exact number of illegal immigrants, especially in India, is also a problem area that needs to be addressed urgently for better preparedness.

Global collective action to prevent violence induced forced migration and holding accountable those who commit them will be a crucial step in making the global system of refugee protection more adequate. Similarly, taking positive steps to come to the aid of those who have been driven from home will be essential to a more effective refugee regime.